The judgment below

The part of the case of the defendant is reversed.

As to the first offense of Defendant 1’s judgment, imprisonment with prison labor for one year and six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (the crime of provisional punishment of No. 1: imprisonment with prison labor of two years and six months, and the crime of No. 1-B as indicated in the holding: imprisonment with labor of two years and six months, and the crime of No. 2 as indicated in the holding: fine of KRW 50,00) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (unfair sentencing) is too uneasible and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even though the Defendant is likely to recommit a sexual crime.

2. Determination

A. Ex officio determination (the second crime part of judgment) is examined ex officio prior to the judgment on the grounds of appeal.

According to the records, the defendant was sentenced to a suspended sentence of three years on July 14, 2017 by the Busan District Court on July 6, 2017 for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on July 14, 2017.

However, in the context of the crime of violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic of this case, the crime of violation of the Act on the Control of Narcotics, etc., for which a judgment has become final and conclusive, and the crime of concurrent crimes after Article 37 of the Criminal Act, the punishment should be determined after considering equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of

The lower court did not take such measures.

The judgment below

No more of these parts shall be maintained.

B. Unfavorable circumstances of the Defendant case (part 1 of the judgment below) - The crime of rape of each of the instant cases is a woman under the influence of alcohol as a subject of the crime, and the nature and circumstances of the crime of rape are bad.

- The above victim was punished by the defendant because the defendant did not agree with I smoothly.

favorable circumstances - The Defendant recognized the entire crime of this case and reflects it.

- The defendant is punished for committing sexual assault.